Section 213 BNS: Refusing oath or affirmation when duly required by public servant to make it
Bharatiya Nyaya Sanhita, 2023
Section 213 BNS at a Glance
Section 213 BNS deals with refusing oath or affirmation when duly required by public servant to make it. It is bailable and non-cognizable; it replaced Section 178 IPC on 1 July 2024.
Simple imprisonment for up to six months.
Section 213 BNS Bare Act Text
213. Refusing oath or affirmation when duly required by public servant to make it
Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
Source: Section 213, Bharatiya Nyaya Sanhita, 2023
Section 213 BNS in Simple Words
Section 213 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a simple but serious situation. If a public servant lawfully requires a person to take an oath or make an affirmation, and that person refuses to do so, the law treats the refusal as an offence. The requirement must be lawful, and it must come from a public servant who has the authority to ask for it.
This section usually applies in settings like court proceedings, official inquiries, or other proceedings where a statement must be made under oath or affirmation. It matters because the truthfulness of such statements depends on the person first accepting the formal legal obligation to speak honestly. A refusal can delay proceedings and may amount to non-cooperation with a lawful process.
In practice, this provision supports the administration of justice and official fact-finding. It is a narrow offence, but it can still lead to punishment if the refusal is deliberate and without legal justification.
Ingredients of Section 213 BNS
- A requirement by a legally competent public servant that the accused bind himself by an oath or affirmation to state the truth
- Refusal by the accused to bind himself by that oath or affirmation
Punishment Under Section 213 BNS
Simple imprisonment for up to six months.
Fine of up to five thousand rupees. The offender may be punished with fine alone or with both imprisonment and fine.
Refusing to bind oneself by an oath or affirmation when legally required by a public servant carries simple imprisonment for up to six months, or fine of up to five thousand rupees, or both.
Example of Section 213 BNS
When Section 213 BNS Does Not Apply
- The person who required the oath or affirmation was not a public servant
- The public servant was not legally competent to require that the person bind himself by an oath or affirmation
- The person was never required to bind himself by an oath or affirmation to state the truth
- The person bound himself by the oath or affirmation, so there was no refusal
Section 213 BNS in the IPC (Previous Law)
Section 213 BNS replaces Section 178 IPC from the old criminal code.
Section 178 IPC is now Section 213 BNS, with the same title and the same words. The one change is the fine: the limit is raised from one thousand rupees to five thousand rupees. The term of simple imprisonment is still up to six months.
View IPC Section 178 →FAQs on Section 213 BNS
When can a person be punished under Section 213 BNS?▼
A person can be punished when a public servant lawfully asks them to take an oath or make an affirmation and they refuse. The key point is that the demand must be legally valid and made by an authorised public servant.
Does Section 213 BNS apply in court only?▼
No, it is not limited to court alone. It can also apply in other official proceedings where a lawful oath or affirmation is required by a competent public servant.
Under Section 213 BNS, is refusal always an offence?▼
No. If the oath or affirmation is not lawfully required, or the official has no authority, Section 213 BNS will not apply. The legality of the demand is central to the offence.
What is the punishment under Section 213 BNS?▼
The punishment is simple imprisonment up to 6 months, or fine up to 5,000 rupees, or both. It is a relatively minor offence, but it still has legal consequences.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·